68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2403
A-Engrossed
House Bill 2493
Ordered by the House March 21
Including House Amendments dated March 21
Sponsored by Representative PARKS
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ + Establishes uniform procedure for investigation of
complaints by professional licensing boards. Identifies subject
boards. + } Requires that certain disciplinary proceedings of
professional licensing boards be public, including records.
Exempts good faith complaints from civil action. Applies to
complaints submitted on or after effective date of Act.
Allows person filing complaint to request confidentiality.
Allows licensing board to withhold certain information. Exempts
identity of person who participated in board approved diversion
or impairment program from disclosure.
A BILL FOR AN ACT
Relating to certain procedures of professional licensing boards.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in this Act:
(1) 'Licensee' means any individual licensed, certified,
registered or otherwise authorized to practice by a professional
licensing board.
(2) 'Professional licensing board' includes, but is not limited
to the:
(a) State Board of Accountancy;
(b) State Board of Architect Examiners;
(c) State Landscape Architect Board;
(d) State Board of Examiners for Speech Pathology and
Audiology;
(e) State Board of Barbers and Hairdressers;
(f) State Board of Chiropractic Examiners;
(g) State Board of Clinical Social Workers;
(h) Oregon Board of Licensed Professional Counselors and
Therapists;
(i) Construction Contractors Board;
(j) State Landscape Contractors Board;
(k) Oregon Board of Dentistry;
(L) State Board of Denture Technology;
(m) Board of Examiners of Licensed Dietitians;
(n) Commissioner of the Bureau of Labor and Industries to the
extent the commissioner certifies shorthand reporters and
licenses service dealers, technicians and trainees who service
consumer electronic entertainment equipment;
(o) Real Estate Commissioner;
(p) Health Division of the Department of Human Resources to the
extent that the Health Division certifies emergency medical
technicians and licenses electrologists and hearing aid dealers;
(q) Mental Health and Developmental Disability Services
Division, the Senior and Disabled Services Division or the office
of Alcohol and Drug Abuse Programs of the Department of Human
Resources to the extent that these divisions and this office
license and regulate residential facilities operators subject to
ORS 443.400 to 443.455;
(r) Electrical and Elevator Board;
(s) State Board of Engineering Examiners;
(t) State Board of Geologist Examiners;
(u) State Marine Board to the extent that outfitters and guides
register with the board;
(v) Department of Consumer and Business Services and Director
of the Department of Consumer and Business Services to the extent
that:
(A) The department or director licenses insurance agents,
insurance adjusters and insurance consultants;
(B) The department or director licenses broker-dealers,
investment advisors, investment advisor salespersons, mortgage
brokers and mortgage broker salespersons;
(C) The department or director licenses pawnbrokers;
(D) The department or director certifies workers' compensation
claims examiners and vocational rehabilitation counselors; and
(E) Collection agencies or debt consolidating agencies register
with the department or director;
(w) Oregon Board of Maritime Pilots;
(x) State Board of Massage Technicians;
(y) State Mortuary and Cemetery Board;
(z) Board of Naturopathic Examiners;
(aa) Oregon State Board of Nursing;
(bb) Board of Examiners of Nursing Home Administrators;
(cc) Oregon Board of Optometry;
(dd) State Board of Pharmacy;
(ee) Board of Medical Examiners for the State of Oregon;
(ff) Occupational Therapy Licensing Board;
(gg) Physical Therapist Licensing Board;
(hh) State Plumbing Board;
(ii) Board on Public Safety Standards and Training;
(jj) State Board of Psychologist Examiners;
(kk) Board of Radiologic Technology;
(LL) Appraiser Certification and Licensure Board;
(mm) Real Estate Board;
(nn) Sanitarians Registration Board;
(oo) State Board of Tax Service Examiners;
(pp) Teacher Standards and Practices Commission;
(qq) Oregon State Veterinary Medical Examining Board; and
(rr) Oregon State Bar.
(3) 'Public record' has the meaning given the term in ORS
192.410. + }
SECTION 2. { + (1) The Legislative Assembly declares that the
State of Oregon intends to protect persons served by professional
licensees and professional licensing boards by encouraging
individuals to file complaints, by both guaranteeing public
access to the disciplinary complaint process of professional
licensees to ensure that licensing boards are accountable and
protecting the integrity of continuing investigations.
(2) The Legislative Assembly further declares that this Act
governs complaints and investigations relating to individuals
licensed by professional licensing boards listed in section 1 of
this Act.
(3) The Legislative Assembly further declares that sections in
the statutes specifically governing each professional licensing
board and concerning confidentiality of complaints and
investigations relating to persons other than individuals
licensed by the professional licensing board shall continue to
apply to such persons. + }
SECTION 3. { + (1) Except as described in subsection (2) of
this section, any complaint to a professional licensing board
concerning the professional conduct of any licensee is a public
record available for public inspection.
(2) Notwithstanding ORS 192.410 to 192.505, if an individual
requests confidentiality when filing a complaint, the
professional licensing board may withhold from disclosure the
identity of the complainant and persons named in the complaint
other than the licensee only if the individual filing the
complaint shows compelling personal interest in maintaining
confidentiality and the complainant's identity, or the identity
of others named in the complaint, is not material to the
investigation of the complaint.
(3) As used in this section, 'complaint' does not include
investigatory information as defined in section 4 of this
Act. + }
SECTION 4. { + (1) A professional licensing board shall
investigate a complaint. Notwithstanding ORS 192.410 to 192.505,
a professional licensing board may withhold from disclosure
investigatory information for 60 days following the receipt of a
complaint and may withhold from disclosure investigatory
information for an additional 60 days if the public interest in
nondisclosure clearly outweighs the public interest in disclosure
in the particular instance. All investigatory information, except
information that is otherwise confidential under sections 3 and 5
of this Act, shall be available for public inspection 120 days
following the receipt of a complaint.
(2) If any part of a public record contains investigatory
information that is not exempt from disclosure under this Act, as
well as material that is exempt from disclosure, the professional
licensing board shall separate the exempt and the nonexempt
material and make the nonexempt material available for
inspection.
(3) As used in this section 'investigatory information ' means
information gathered or used by a professional licensing board to
investigate a complaint concerning the conduct or competency of a
licensee of the board. 'Investigatory information' does not
include a complaint that initiates an investigation or that the
board uses in an investigation. + }
SECTION 5. { + Nothing in this Act is intended to:
(1) Require a professional licensing board to disclose the name
or information identifying a licensee who has participated or is
participating in an impairment or diversion program approved or
authorized by the professional licensing board or similar program
authorized or approved by the professional licensing board. Each
professional licensing board may define by rule 'impaired
licensee or person. '
(2) Require a professional licensing board to disclose
information created for the purpose of a professional peer review
process that would otherwise be protected from disclosure under
Oregon law. + }
SECTION 6. { + If a professional licensing board refuses to
disclose a public record under this Act, the person requesting
the disclosure of the public record may have the refusal reviewed
pursuant to ORS 192.450 to 192.490. + }
SECTION 7. { + Whenever any professional licensing board or
agent appointed by the board conducts a hearing concerning any
disciplinary matter, including any contested case hearing, the
hearing shall be open to the public, and the record thereof is a
public record open to public inspection. When children under 12
years of age provide testimony, the children shall be afforded
the protections set forth in ORS 40.460 (18a)(b) and (24) and
44.545 notwithstanding that the subject of the testimony is other
than sexual conduct. + }
SECTION 8. { + (1) The professional licensing board shall
retain in its records materials that describe the final
disposition of each complaint and disciplinary action, including
but not limited to any final judicial disposition of any
disciplinary action. The record shall be retained for at least 10
years.
(2) The professional licensing board shall provide a copy of
the final disposition of each complaint to the complainant and to
the licensee and shall make copies available to the public. The
disposition shall include specific findings that the licensee has
or has not been found to have committed the actions or errors
giving rise to the complaint, that the actions or errors were or
were not a violation of applicable regulations or codes of
conduct, that insufficient evidence exists to make a definitive
decision on the merits of the complaint, that the complaint was
unjustified or that the complaint was outside the scope of the
professional licensing board's authority. The disposition shall
also include actions taken or required by the board as the result
of the complaint. + }
SECTION 9. { + A professional licensing board may charge a
reasonable fee, not to exceed $1 per page, for furnishing copies
of material available for public inspection under this Act. + }
SECTION 10. { + (1) Any person who makes a complaint in good
faith to a professional licensing board as to the performance or
competence of a licensee or provides information or testimony in
connection with a complaint about the performance or competence
of a licensee, including information provided in connection with
peer review, shall not be subject to an action for civil damages
as a result thereof.
(2) The same privileges and immunities from civil and criminal
proceedings that apply to prosecuting and judicial officers of
the state shall apply to the professional licensing board, all
officers and employees of the board and their designees,
including investigators, attorneys, counselors, staff personnel
and any other individual or entity acting on behalf of or at the
request of the board. + }
SECTION 11. { + Any disciplinary proceedings, including
complaints, that are pending on the effective date of this Act
shall be subject to the confidentiality requirements in effect
when the complaint was filed. + }
SECTION 12. { + This Act does not affect any complaint
submitted to or filed with a professional licensing board
concerning the performance or competency of a licensee before the
effective date of this Act. However, this Act applies to any
complaint submitted to or filed with a professional licensing
board concerning the performance or competency of a licensee on
or after the effective date of this Act. + }
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